Liability of Multinational Corporations under International Law (Hardcover)

This volume examines whether multinational corporations have obligations under international law and, if so, how they may be held accountable if they act in breach of these obligations. It concludes that multinational corporations indeed have such duties, particularly in the fields of human rights and the environment, and that they may be held accountable in both domestic courts and intergovernmental organizations. The book first takes stock of the standard setting and supervisory activities regarding multinational corporations undertaken within international fora, such as UNCTAD, the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, the Conference establishing the International Criminal Court, and the OECD. It then continues to analyze the lawsuits alleging violations of international standards by multinational corporations that have been brought so far in the United States and the United Kingdom. It finishes by assessing the prospects for similar lawsuits in other countries, such as The Netherlands. Contributions are by leading experts in this new field of international law, including attorneys acting on behalf of plaintiffs in Doe v. Unocal, Wiwa v. Royal Dutch Shell, and the cases against Cape plc, as well as experts involved in the creation of the sessional Working Group on Transnational Corporations of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, the drafting of the Statute of the International Criminal Court and the revision of the OECD Guidelines for Multinational Enterprises. The book features the text of relevant international instruments, tables of statutes and cases, an extensive bibliography, and a subject index.